Download the PDF: Notice of eviction for subdivision, enlargement or change of destination of a dwelling

Télécharger le PDF : Objection to eviction

For a limited time, citizens who wish to learn more about their rights and obligations in cases of repossession and eviction may ask to be contacted by the information service of the Tribunal to obtain answers to their questions. An information clerk will contact the citizen within two business days.

The Tribunal’s telephone information service has also been adjusted to make it easier for citizens to obtain information on these matters.

I would like to be contacted by the information service regarding a question about repossessing a dwelling or evictions to divide a dwelling, enlarge it substantially or change its destination.

The lessor of a dwelling may evict the lessee to divide the dwelling, enlarge it substantially or change its destination.

He must then give a written notice to the lessee.

The notice must indicate the date and the reason for eviction and incorporate the contents of article 1959.1 of the Civil Code of Québec (restrictions on the right to evict if the lessee is 70 years of age or over). It must also be sufficiently clear so that the lessee is able to fully understand the lessor’s intentions and evaluate the impact.

The lessee may apply to the Tribunal administratif du logement to object to the eviction.

The notice from the lessor and the application of the lessee must respect the time periods shown in this table.

Where an objection is brought to the Tribunal administratif du logement by the lessee, the burden is on the lessor to show that he truly intends to divide, enlarge or change the destination of the dwelling and that it is permitted to do so by law.

Upon the application of the lessee, the Tribunal administratif du logement may authorize eviction to take effect on a later date.

If the lessee does not object to the Tribunal administratif du logement, he must vacate the dwelling at the date indicated in the notice.

The lessor shall pay an indemnity equal to three months' rent and reasonable moving expenses to the evicted lessee.

If the lessee considers that the prejudice he sustains warrants a greater amount of damages, he may apply to the court for the fixing of the amount of the indemnity. The indemnity is payable at the expiry of the lease; the moving expenses are payable on presentation of vouchers.

Restrictions on the right to evict

The lessor of a dwelling may not evict a lessee if the lessee, or the lessee’s spouse, at the time of the eviction, is 70 years of age or over, has occupied the dwelling for at least 10 years, and has income equal to or less than the maximum threshold to qualify for a dwelling in low-rental housing under the By-law respecting the allocation of dwellings in low rental housing.